Phrases, E.D. Flashcards
What 10 items must you state in ED complaint?
When you’re Complaining of E[ating] D[isorder], Demand Good food truck (Mobile) PANINIS
(1) Demand prop condemned, title vest in LG
(2) GF negotiation>
(3) Mobile home on prop.
(4) Public purp.
(5) Authority
(6) public Necessity - SCALE
(7) Interest to obtain
(8) Names, residences + legal disabs of interest Os
(9) ID property
(10) Survey performed, in GF will construct over property.
Public necessity factors
E.D. ----------- It's a NECESSITY to WEIGH on a SCALE. ----------- LG must show it properly weighed these 5 factors in order to establish necessity SCALE 1 Safety considerations. 2. Cost 3. Avail of alternate routes 4. Long range planning 5. Environmental Factors
How does burden of proof shift?
E.D. ----------- LG proves it has pub purp + nec. O proves it has DIBs. --- abuse of Discretion, Illegality, Bad faith
For O (as opposed to BO), what are ALL 7 ITEMS O’s Notice must include?
Notice O has a rt to Offer his CAFA & I.D. Parts to Stay Natural. [*he’s not a businessman so gets an offer [BO settles].
———–
(1) Offer (can include, or do separately)
(2) Costs (73.091)
(3) atty’s Fees (73.092)
(4) get App, maps + plans (if prepped - can file Slow w/o app) in 15 days upon request
(5) PID
(6) Part or all.
(7) Nature of project on THE PROP. [not adjacent, as in BO]
———–
Alternate: Noticing E.D. reveals Owner’s 15 PORN Parts.
For BO (as opposed to O), what are ALL 8 ITEMS BO’s Notice must include?
Notice Bus O has a Right to Settle his CASA & I.D. Part to stay Natural. *(he’s a businessman, so he Settles rather than O who gets offer)
———–
(1) Rts on submitting, Settling & entitlements.
(2) Costs (73.091)
(3) AF
(4) Severance/bus dmgs/comp/jury (73.071)
(5) get App (+ if prepped, maps + plans) in 15 days upon request
(6) pI.D.
(7) Part or all.
(8) Nature of project on ADJACENT PROP [not the prop, as in Fee O].
What does full comp include?
COMP. ----------- Full Comp pays for FIVE MoveS ------------ Full comp pays for: 1. attys Fees + costs 2. Interest 3. actual fair mkt Value at time of lawful appropriation. 4. Expert fees, costs. 5. MOVing costs. 6. Severance.
Distinguish Public Purp v. Pub Necessity.
there is a Purposeful Quality in Nature
i have a Necessity to Select Quantity
———–
Purp: Quality & Nature of the project.
Nec: Quantity & Selection of the property.
What does FL’s Constitution provide at Art I, Sec 9?
E.D. PRE-SUIT ----------- "I" am Due "9" lives. ----------- Due Process. No deprive LIFE, lib or prop w/o DP of law.
What is provided in Art 10, Sec 6 of the FL constitution?
E.D. PRE-SUIT ----------- 106 ~ ED's highest (fullest) #'d const reference = FULL $COMP$ ---------- Entitled "Eminent Domain" ----------- Can't take: 1. w/o pub purp & w/ FULL COMP. 2. To convey to private O unless by State law. ----------- Can take for: Easements to drain 1 Os prop onto or thru another's
What is provided in 14th Amend. of the U.S. constitution?
E.D. PRE-SUIT ----------- No LG may take w/o Due Process of Law i.e., Applied 5th Amend to State + LG ----------- How remember which is which? 5th - started out applying to Fed. 14th - later added application to LGs. Art 10, Sec 6 - 106 is fullest # - full comp
What is provided in 5th Amend. of the U.S. constitution?
E.D. PRE-SUIT ----------- $5 = just comp. ----------- Prohibits taking for public use w/o just comp.
Who decides public necessity?
E.D. PRE-SUIT ----------- Judge, not jury. ----------- How remember? lawsuit always Necessitates a Judge, not a jury
O’s bus dmg claim packet shd include what 3 items?
BUSINESS DMGS ----------- RON has snow related bus dmg claims. • Records • Offer, GF. • Nature, extent, amt dmgs
What’s the order of offers/notices?
NOBO
- Notice O.
- w/ or aft O’s Notice: Offer O
- w/ or aft. O’s Offer: Notice BO.
For O (as opposed to BO), what are just the 2 rights that have to be summarized or attached to O’s Notice?
E.D. PRE-NOTICE - O ----------- [Notice O has a rt to Offer his] CAF[a & I.D. Parts to Stay Natural.] ----------- (1) Costs (73.091) (2) Atty's Fees (73.092) ----------- Noticing E.D. reveals Owner's 15 PORN Parts.
